The aftermath of a fatal car accident is frightening and confusing for all parties involved. Fatal crashes composed 0.88% of all Arizona car crashes in 2021, with 708 fatal accidents occurring on local roads and 472 on state highways. Traffic conditions, personal choices and random chance all affect the outcome of tragic auto accidents.
Following a fatal traffic incident, law enforcement officials must determine the cause according to a standard fatal car accident investigation procedure. If they determine that an individual may have been responsible for the accident through recklessness or criminal negligence, prosecutors may choose to file criminal charges.
Who Is Responsible for the Fatal Car Accident Investigation Procedure in Arizona?
The location of the fatal car accident determines which law enforcement agency will conduct the investigation. If the accident occurred on an interstate highway or freeway, the Arizona Department of Public Safety investigates. The local police department’s Vehicular Crimes Unit investigates fatal car accidents on city roads. A Vehicular Crimes Unit investigation does not necessarily mean that a criminal act caused the accident or that anyone will face charges.
What Are the Steps of the Fatal Car Accident Investigation Procedure?
Fatal accident investigations follow strict protocols. Here are the steps investigators use to determine what caused an accident.
1. Law Enforcement Investigates the Scene of the Accident
The scene of the accident generally provides the most information on the events leading up to the crash. If a victim is still alive, providing medical care takes precedence over documenting or preserving the accident scene.
Police complete an Arizona Crash Report that details the accident. Fatal car accidents receive comprehensive reports that often include diagrams of the accident, tire skid marks, specific vehicle damage and other evidence. The reports also include witness names and statements.
Finally, the fatal supplement section of the crash report contains the victim’s name and information. The supplement explains relevant details, such as if the victim’s vehicle had an airbag, if the victim’s vehicle caught fire or if the victim was thrown from the vehicle.
Arizona law does not require that police officers test drivers involved in fatal accidents for drugs and alcohol. However, police officers often ask for a breath alcohol test at the scene of the accident and blood or urine drug tests the day after the accident.
2. The Medical Examiner’s Office Performs an Examination of the Victim
By law, the county Medical Examiner’s Office must examine the victim’s body as part of the fatal car accident investigation procedure. The medical examiner may perform an autopsy to determine the cause of death. This examination may reveal whether the victim was under the influence of drugs or alcohol.
3. Law Enforcement Gathers More Information
Police detectives or Arizona Department of Public Safety investigators perform a follow-up investigation on what caused the accident. Investigators may bring the other driver in for questioning. They may also question witnesses and the victim’s family.
Investigators continue to examine the crime scene information and collect any relevant evidence to present to the county attorney’s office or the city prosecutor’s office. They typically will not disclose any information about the investigation during this process.
4. The County Attorney’s Office or the City Prosecutor’s Office May File Charges
Depending on the results of the investigation and the available evidence, a prosecutor may decide to file criminal charges. Typical criminal charges involving fatal car accidents in Arizona are vehicular manslaughter and vehicular negligent homicide.
Vehicular negligent homicide is a Class 4 felony that carries a sentence of 1-3.75 years in prison. Vehicular manslaughter involves intentional reckless conduct, rather than negligence. It is a Class 2 felony that carries a sentence of 7-21 years in prison.
Will a Driver Automatically Be Charged With a Crime if They Are Involved in a Fatal Car Accident?
A driver is not automatically charged with a crime because they were involved in a fatal accident. In many cases, a fatal car accident investigation procedure will show that the accident was not due to any criminal act.
What Factors in a Fatal Car Accident Investigation Can Lead to Criminal Charges in Arizona?
Several behaviors and conditions surrounding the accident may cause prosecutors to file criminal charges.
Leaving the Scene of the Accident
After any car accident in Arizona, the drivers must remain at the scene. If the scene is not a safe place to stop, drivers must stop their vehicles as close as possible to the scene and immediately return.
Leaving the scene of a fatal car accident is a Class 3 felony in Arizona, even if the person leaving did not cause the accident. The charge rises to a Class 2 felony if the driver who caused the fatal accident leaves the scene.
Reckless Driving
Reckless driving that causes a fatal accident can lead to serious criminal charges in Arizona, such as vehicular manslaughter. Typical examples of reckless driving behavior include:
- Driving under the influence of drugs or alcohol
- Drag racing or other street racing
- Overly aggressive driving, such as ignoring red lights or stop signs
- Excessive speeding
- Driving on the wrong side of the road
- Texting while driving
Prosecutors use evidence from the fatal car accident investigation procedure, such as drug and alcohol tests, accident diagrams, interviews and witness testimony, to attempt to prove that reckless driving caused the fatal accident. The driver’s defense attorney can challenge this evidence in court.
Negligent Driving
Criminal negligent driving is when a driver does not take reasonable care or precautions to avoid an accident. Traffic violations such as speeding or ignoring a stop sign while not under the influence of drugs or alcohol are examples of negligent driving. Vehicular negligent homicide is a less serious charge than vehicular manslaughter, but it is still a felony in Arizona.
Which Legal Experts Can Help During the Fatal Car Accident Investigation Procedure in Arizona?
Anyone involved in a fatal car accident should seek advice from a qualified defense attorney. At Sargon Law Group, our experienced Phoenix auto accident attorneys can explain the fatal car accident investigation procedure and any criminal charges drivers may face after the investigation. Contact us for a free legal consultation with a Phoenix injury lawyer.